Fourth Department – Ineffective assistance of counsel: People v. Lewis

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Ineffective assistance of counsel

Right to representation

People v. Lewis

KA 22-01438

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a weapon, assault, and resisting arrest. He argues that he was denied his right to counsel of his own choosing when, at the outset of jury selection, the court compelled the defendant’s retained attorney to continue to represent him.

Ruling: The Appellate Division affirmed. The court noted that the defendant discharged his assigned counsel and appeared in person with his newly retained attorney for various pretrial conferences, which included discussions about discovery and plea negotiations. At no time during those appearances did the defendant report any concern about his counsel’s representation. The court held that by jury selection the defendant had not retained other counsel despite having ample opportunity to do so, and failed to demonstrate that substitution of counsel was necessitated by forces beyond his control and was not a dilatory tactic. The Appellate Division further held that the defendant waived his right to effective assistance of counsel as he refused to participate in the trial despite many warnings and opportunities to change his mind. The defendant insisted that he fired his attorney. The attorney did not participate in the trial but was present for the proceedings.

Amy Chadwick, of Amdursky, Pelky, Fennel & Wallen, for the defendant-appellant; Amy N. Walendziak, of the district attorney’s office, for the defendant.

 Oral argument video